Case 8:13-cv-03059-GJH Document 329 Filed 01/13/16 Page 1 of 3

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND
Southem Division

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BRETT KIMBERLIN,

Plaintiff

v.

CASE NO.: GJH-13-3059

J. PATRICK FREY,

Defendant

MR. WALKER'S MOTION FOR SANCTIONS UNDER RULE 45(D)(I)

Now COMES non-party Aaron J. Walker, Esq.,! and files this Motion for Sanctions Under Fed. R.
Civ. P. 45(d)(I) and states the following:
I.

Filed simultaneously

with this motion is Mr. Walker's

Opposition to the Plaintiff's

Motion to Compel and Request for Show Cause Order (hereinafter the "Opposition").
2.

As stated in the Opposition,"

8-21, the Plaintiff has sought to enforce a subpoena that is

wholly duplicative of two document requests to Mr. Frey's attorneys and significantly duplicative of a
document request served on Mr. Walker in another case.
3.

As also stated in the Opposition,"

1-7, the Plaintiff has filed a motion to compel and for

sanctions for alleged non-compliance with that subpoena (ECF No. 324) without even pretending that he
properly served the subpoena on Mr. Walker.

Mr. Walker refers to himself in the third person for stylistic purposes and to de-personalize this case.

Case 8:13-cv-03059-GJH Document 329 Filed 01/13/16 Page 2 of 3

4.

Under Rule 45(d)(I), the Plaintiff has a duty to "take reasonable steps to avoid imposing

undue burden or expense on a person subject to the subpoena."

5.

By attempting to enforce a subpoena that was I) wholly duplicative of two document

requests served on Defendant Frey and 2) significantly duplicative of a document request served and
complied with in another case, the Plaintiff has clearly breached that duty.
6.

Further, the same rule states that "[tJhe court for the district where compliance is required

must enforce this duty and impose an appropriate sanction-which may include lost earnings and
reasonable attorney's fees-{)n a party or attorney who fails to comply." id. (emphasis added).
7.

This rule is not discretionary.

It requires that a sanction be imposed.

Mr. Walker has

suggested a sanction of at least $500 to compensate him for his lost time and repeats that request here.

WHEREFORE,

the Plaintiff should be sanctioned for attempting to enforce an unduly burdensome

subpoena not less than $500 for Mr. Walker loss of earnings; and this Court should grant any other relief
that is just and equitable.

Wednesday, January 13,2016

Respectfully submitted,

4,,~~--.---------

A~
Va Bar# 48882
P.O. Box 3075
Manassas, Virginia 20108
(703) 216-0455
AaronJW72@gmail.com
(No fax)

Case 8:13-cv-03059-GJH Document 329 Filed 01/13/16 Page 3 of 3

CERTIFICATE

OF SERVICE

114.

1certify that on the ~

day of
V" ti It ~
' 2016,
1 served copies of this document on Brett Kimberlin at 81 0 Beech Tree Road, Bethesda, Maryland
208 I7 and Ron Coleman, Esq. for Patrick Frey by email with his permission.

Case 8:13-cv-03059-GJH Document 329-1 Filed 01/13/16 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

Southem Divisioll

BRETT KIMBERLIN,

Plaintiff

v.
J. PATRICK

CASE NO.: GJH-13-3059

FREY,

Defendant

*
*

ORDER GRANTING

SANCTIONS

Upon consideration of the Mr. Walker's "Motion to For Sanctions Under Rule 45(d)(I), and any
other filings in support or opposition thereto, it is this
___

day of

,.2016, hereby
ORDERED that Mr. Walker's motion for sanctions is hereby GRANTED; and it is further
ORDERED that the Plaintiff shall pay the sum of$

to Mr. Walker \\;thin

thirty days of this order.

Hon. George J. Hazel

United States District Judge for the District of Maryland